The Lahore High Court on Tuesday directed law officer to assist the court on the point whether the act of former military ruler Gen. Pervez Musharaf (retd) to impose emergency on November 03, 2007 amounted to abrogation of Constitution. The court also asked him to come up with a clear statement whether the complaint against Musharraf could be withdrawn at this stage in the light of legal lacunae pointed out by the counsel for Musharraf.

"Come up with instructions from the interior ministry on these points on December 17," asked the court while taking up the petition of Pervez Musharraf challenging the formation of a special court conducting his trial under charges of high treason.

The petitioner said that owing to his deteriorating health, multiple life-threatening ailments and of his aged mother, he was unable to return to Pakistan ever since. Earlier, the court questioned whether the act of former military ruler Pervez Musharraf in 2007 fell under the definition of Article 6 of Constitution. The court while addressing Additional Attorney General observed: "weren't declaring an emergency and abrogating the Constitution two separate things?" Where Article 6 applies and what did the SC judgment say, the court asked the law officer. "In case the legal requirements were not met, the government could take back the complaint or not," the court asked.

The law officer sought time for getting instructions from the secretary interior. The law officer also informed the court that the case record has been submitted into the court.

On other hand, Musharraf's counsel Azhar Siddqiue said previous federal government in SC had said it would file compliant against Musharraf and an inquiry would be initiated. However, the same was filed on the directives of the former Prime Minister Nawaz Sharif instead of recommendation of federal cabinet. "If you had to initiate a treason case then what was the need of an inquiry," the court questioned.

Musharraf's counsel in his arguments said that the former Prime Minister initiated this case over personal grudge; Supreme Court didn't order the government in this respect. Former President Gen Musharraf (retd) who is now in the UAE said that he was undergoing medical treatment. He sent a recorded video message from his hospital bed in which he said that he was ready to record his statement in the case.